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Vehicle Dealer & Manufacturer Resource Manual September 2012 We are committed to providing equal access to our services. If you need accommodation, please call (360) 664-6455 or TTY (360) 664-0116. WASHINGTON STATE DEPARTMENT OF LICENSING dol.wa.gov

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Page 1: Vehicle Dealer & Manufacturer Resource Manual · Vehicle Dealer & Manufacturer Resource Manual September 2012 We are committed to providing equal access to our services. If you need

Vehicle Dealer &Manufacturer ResourceManual

September 2012We are committed to providing equal access to our services.

If you need accommodation, please call (360) 664-6455 or TTY (360) 664-0116.

WASHINGTON STATE DEPARTMENT OF LICENSING

dol.wa.gov

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CONTENTS

Section 1 References ......................................................................................................... 3 Section 2 Glossary of Terms .............................................................................................. 5 Section 3 Vehicle Titling .................................................................................................. 19 Section 4 Where to find................................................................................................... 45 • Forms • Washington Laws and Rules • Title & Registration Fees

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SECTION 1

REFERENCES

Dealer and Manufacturer Services Please contact Olympia Headquarters for assistance. Olympia Headquarters PO Box 9039 Olympia, WA 98507-9039 (360) 664-6475 (360) 586-0479, fax [email protected]

License Auditors (360) 664-6466 (360) 586-6703, fax Compliance (360) 664-6464 (360) 586-6703, fax

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GENERAL REFERENCE LIST – FEDERAL LAWS AND REGULATORY AGENCIES

Laws administered by the United States Department of Transportation: Federal Odometer Disclosure Requirements, Federal Odometer Law (Truth in Mileage Act of 1986) Public Law 99-579/15 U.S.C. 1901

U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) Room W55-301 1200 New Jersey Ave SE Washington D.C. 20590 (202) 366-4761

Laws administered by the Federal Trade Commission:

• Federal Warranty Law / Magnuson-Moss Warranty Act / 15 U.S.C. 2301 • Federal Trade Commission Used Car Rule (Buyer’s Guide)/16 CFR Part 455 • Regulation M. Consumer Leasing/12 CFR 213; effective April 1, 1981 • Regulation Z. Truth in Lending/12 CFR 226; effective April 7, 1981 • Federal Disclosure of Automobile Information/Manufacturer’s Suggested Retail Price

(MSRP)/U.S.C. Chapter 28

Federal Trade Commission Headquarters 600 Pennsylvania Ave NW Washington D.C. 20580 (877) FTC-HELP URL: http://www.ftc.gov Federal Trade Commission 915 2nd Ave Seattle WA 98174 (206) 220-6363 URL: http://www.ftc.gov/ro/northwest.shtm

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SECTION 2

GLOSSARY OF TERMS Accountability of Dealer for Employees RCW 46.70.027 A vehicle dealer is accountable for the dealer’s employees, sales personnel, and managerial personnel while in the performance of official duties. Advertising RCW 46.70.180 WAC 308-66-152 It is important to become familiar with these regulations. Some of the more frequent violations include failure to:

• disclose the name of the dealership • use the word “dealer” or • abbreviate “dlr” in the advertisement • make complete disclosures when advertising credit sales or leases • identify each vehicle in an advertisement by complete VIN

You are responsible for ensuring your advertising is in compliance. Aiding or Assisting an Unlicensed Dealer RCW 46.70.010 Aiding or assisting an unlicensed dealer in unlawful activity. Bankruptcy RCW 46.70.183 Any dealer or manufacturer who has filed a petition in bankruptcy court shall, within 10 days, notify the department of the proceeding. Notification includes the identity and location of the court where the proceedings are pending. Bonds RCW 46.70.070 Every vehicle dealer must file a surety bond with the department. If a dealer has more than one license classification, he/she needs only to file a bond for the highest classification of license held. Any retail purchaser who is damaged by a violation of the dealer regulations may file a claim against the bond in order to recover damages. A retail vehicle dealer may make a claim against a wholesale dealer bond or manufacturer bond. Brakes RCW 46.37.340 RCW 46.37.351 RCW 46.37.360 Safety issue.

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The referenced statutes outline certain minimal braking requirements for vehicles licensed in this state. It is important to remember that it is illegal to sell any vehicle in this state unless the brakes are in good working order. Bushing RCW 46.70.180 This section prohibits certain acts defined as “bushing” which include taking a written order from a buyer, and: • Failing to provide either an accepted agreement or returning any security to the

purchaser within four consecutive days (excluding Saturdays, Sundays, and holidays) • The buyer failed to disclose the trade-in vehicle certificate of ownership had been

branded for any reason. • Failing to comply with the obligation of any written warranty or guarantee given by the

dealer requiring the furnishing of services or repairs within a reasonable time. Once a dealer has delivered a vehicle to the customer and/or given the customer a copy of the purchase order for future delivery, (whether or not the order is signed by the dealer), these are the terms and conditions set forth and are not subject to renegotiation or change in any way after 4 calendar days. Buyer’s Guide – Reference Federal Trade Commission (16 CFR Part 455) Used Car Buyers Guide Federal law requires that a Buyer’s Guide be displayed on all used motor vehicles offered for sale by a dealer, with the exception of motorcycles and motor vehicles over 8,500 gross vehicle weight. For more information, contact the Federal Trade Commission (877) 382-4357. Buyer’s Agent RCW 46.70.011 RCW 46.70.180 A buyer’s agent works as a representative of the buyer. He/she does not take ownership interest in the vehicles. The compensation that the buyer’s agent receives is derived from the buyer and not from the sale of the car. Consignments A consignment sale is an agreement to sell a motor vehicle on behalf of a legal and/or registered owner. In order to sell a vehicle on consignment a dealer must meet the conditions as outlined in:

• RCW 46.70.028 • WAC 308-66-155 and • WAC 308-66-110 (15), (16) and (17)

Conversion Vans RCW 46.70.041 RCW 46.70.101 A Conversion van is a full-size cargo van that is sent to third-party companies to be outfitted with various luxuries for road trips and camping.

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These are vans that have been modified by a third party whether it’s to cater for someone with a disability, for use as a motor home or other. Any dealer who sells new conversion vans must:

• have a service agreement with the manufacturer if a warranty is offered and service work is required of the dealer

• meet all other requirements of a new vehicle dealer. (For example, if the van is titled as a Chevrolet, the dealer selling the van must have a service agreement with Chevrolet. If the van conversion company has altered the vehicle sufficiently to change the series and body type (on the title), the company can be issued a manufacturer’s license under which the retailing dealers can be franchised.)

Curbstoning RCW 46.70.011 RCW 46.70.021 RCW 46.70.115 This term refers to unlicensed dealer activity. Customer Deposits – (See TRUST ACCOUNTS) Dealer to Dealer Transfers (see wholesale vehicle dealers) When purchasing vehicles from another dealer, the dealer must retain the following information:

1. dealer name 2. dealer business address 3. dealer license number 4. resale tax number

Dealer / Manufacturer License Fees RCW 46.70.061

License Classification Original Fees Renewal Fees Vehicle dealer (principal place of business for each and every classification)

$975

$325

Vehicle dealer subagency $100 $25 Temporary subagency $100 $25 Vehicle manufacturers $500 $250 Vehicle dealer change of address $25 n/a Vehicle dealer plates $43 $33 Vehicle manufacturer plates $43 $33 Manufactured Home Travel Trailer dealer plates $43 $33 Miscellaneous Trailer dealer plates $43 $33 Motorcycle dealer plates $43 $33 Vehicle dealer replacement plates = $5.50 / each $5.50 n/a

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Dealer Licensing RCW 46.70.021 Any person engaged in dealer activity must have a current vehicle dealer license. Dealer Plates RCW 46.70.090 WAC 308-66-160 WAC 308-66-165 Dealer plates are to be on used dealer inventory vehicles that are held and are available for sale. Dealer plates may not be used on:

• service vehicles • loaner vehicles, or • vehicles owned by the owners of the business

Employees must have identification cards in their possession when operating a vehicle that has vehicle dealer plates. A dated demonstration permit must be issued not to exceed 72 hours to a prospective customer if not accompanied by a representative of the dealership. Dealer Temporary Permits - E-Permitting RCW 46.70.180 RCW 46.16A.300 WAC 308-56A-420 WAC 308-56A-425 Effective July 1, 2011, all dealer temporary permits are required to be generated and printed using the E-Permitting system. The only exception is if the dealer licenses the vehicle directly through a vehicle licensing office at the time of purchase. Permits may be purchased at any of the county auditors’ or vehicle licensing subagent offices. Permits may be used on sold vehicles that do not have current valid Washington license registration and on out-of-state licensed vehicles. (The out-of-state plates have to be removed from the vehicle when it is sold unless sold to a resident of the state issuing that plate.) The title must be applied for within 45 days of the date of sale. The permit will be valid for 45 days from the date of issuance. Note: Temporary permits are not transferable from one dealer to another. Details of Charges RCW 46.70.130 The dealer must provide the purchaser an itemization of the agreement signed by the seller to include, the finance charge, insurance costs, taxes, the dealer documentary fee (the customer can negotiate this fee) and any other charges which are to be paid by the purchaser. Documentary Service Fee RCW 46.70.180 A dealer may charge a “documentary service fee”. The fee must be declared as “documentary service fee”. There must be language that the fee is negotiable and it must appear on the purchase order in the same size font as the rest of the contract. Established Place of Business – (Retail Dealer) RCW 46.70.023 RCW 46.70.025 WAC 308-66-110

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Requires minimum standards be met by dealers so that a business location can be certified by the department as an established place of business. The minimum standards for a retail vehicle dealer are:

• Enclosed commercial building located in a commercially zoned area and attached to operating utilities.

• The building must be easily accessible and open to the public and representatives of the department at reasonable times.

• The required books and records must be kept at the place of business. • There must be a sign permanently attached to the land or building which is clearly

visible from the major avenue of traffic. The sign must state the name and the nature of the business.

• The dealer must maintain normal business hours at least five days a week from 10 a.m. to 4 p.m.

• There must be a business telephone listing in the local directory. • The dealer must provide evidence of leasehold, rental, or ownership of the property

where the place of business is located. • If more than one dealer is at one location, all records, office facilities, inventory, and

signs must be separate. • The place of business must comply with local zoning and other land use regulatory

ordinances. A retail dealer must be in compliance at all times with the established place of business requirements while licensed as a dealer. Established Place of Business (Wholesale Dealer) RCW 46.70.023 The minimum standards for a wholesale vehicle dealer are:

• Enclosed commercial building located in a commercially zoned area and attached to utilities.

• All storage facilities for inventory shall be listed with the department and shall conform with all local zoning and other land use regulatory ordinances.

• Maintaining a telecommunication system. • An exterior sign visible from the nearest major avenue of traffic which shall identify the

business name and nature of the business. • Records must be stored at the business location. • If there is more than one dealer at the location, then all records, office facilities, and

inventory, must be physically segregated and clearly identified. • The dealer must provide evidence of leasehold, rental, or ownership of the property

where the place of business is located. • The place of business must comply with local zoning and other land use regulatory

ordinances.

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A wholesale dealer must be in compliance at all times with the established place of business requirements while licensed as a dealer. Established Place of Business (Auction Company) RCW 46.70.023 The minimum standards for an auction company are:

• Maintaining office facilities within the state with a sign permanently attached to the land or building.

• Maintaining at the office, books records and files necessary to conduct business at the office.

• Storage facilities for inventory must be listed with the department and meet local zoning and land use ordinances.

• Maintaining a telecommunications system. • Posting the vehicle dealer license at each auction where vehicles are offered. • Providing the department with the address of any remote auction at least three (3) days

before the auction. • Auction companies which maintain their own vehicle inventory at the principal place of

business must maintain all established place of business requirements unless a waiver is granted by the department.

Gray Market Vehicles RCW 46.32 RCW 46.37 These vehicles require inspections. Please see information about vehicle inspections & equipment in the above RCWs. Internet Business WAC 308-66-140 (2)(d) WAC 308-66-250 Conducting business using an internet address may require the business obtain a subagency license under the internet name and/or address. A redirect requires a subagency license. Listing Dealer RCW 46.70.029 WAC 308-66-157 A listing dealer is a used manufactured (mobile) home dealer who obtains listing agreements with sellers who will compensate the dealer for obtaining a willing purchaser for the seller’s manufactured (mobile) home. These dealers must meet all the requirements of a retail vehicle dealer. A listing dealer has the following responsibilities:

• Negotiating the agreement between the seller and the purchaser. • All written offers shall be presented to the seller for acceptance or refusal. • A copy of the agreement shall be delivered to the purchaser immediately following the

purchaser’s signing of the agreement. • A copy of the agreement shall be delivered to the seller immediately following the

seller’s signing and acceptance of the purchaser’s offer. • A copy of the agreement to purchase, signed by all parties, shall be delivered to the

purchaser as proof that the purchaser’s offer was accepted.

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• A legible copy of the agreement to purchase shall be retained in the listing dealer’s file. • A copy of any agreement between purchaser and dealer to disburse any funds from the

trust account to pay liens against the used manufactured home shall be retained in the dealer’s files.

• At the time the sale is closed, the listing dealer may pay outstanding liens, out of the trust account, prior to paying the sale proceeds to the seller.

Manufactured Homes (Mobile Homes) RCW 46.70.290 Manufactured Homes (Mobile Homes) – Advertising Dimensions RCW 46.70.135 If a dealer or manufacturer advertises the length and width of a manufactured (mobile) home, they must list the square footage of the actual floor area. Manufactured Homes (Mobile Homes) – Movement RCW 46.44.170 RCW 46.44.173 RCW 46.44.175 Any person who moves a manufactured (mobile) home must obtain a special permit from the Department of Transportation and local authorities. This special permit shall not be valid until the County Treasurer of the county where the manufactured (mobile) home is located endorses and attaches a certificate thereto that all property taxes due in that calendar year and all delinquent taxes have been satisfied. Manufactured Home (Mobile Home) Titling RCW 46.70.122 RCW 46.12.700 RCW 65.20 In order to transfer title to a manufactured (mobile) home, three items are required by law:

1. Proof taxes due on the manufactured (mobile) home have been paid. 2. The title must be transferred promptly. 3. All registered owners of record must sign the title certificate.

Manufactured Home (Mobile Home) Warranties, Walk through Inspections RCW 46.70.135 Dealers who sell new manufactured (mobile) homes in the state of Washington must comply with the following requirements:

• The purchaser must be provided a manufacturer’s written warranty for construction of the home that complies with the Magnuson-Moss Warranty Act.

• The purchaser must be provided a dealer’s written warranty for all installation services provided by the dealer.

• The above two warranties shall be valid for a minimum of one year from the date of sale and will not be invalidated by resale. The dealer must provide the purchaser copies of the warranties at the time of sale. The dealer must provide an explanation of remedies available to the purchaser under state and federal law for breach of warranty and the name and address of the Federal Department of Housing and Urban Development, as well as the Departments of Licensing and Labor & Industries.

• Warranty service will be completed within 45 days of the dealer receiving written notice of the defect unless there is a bona fide dispute among the parties.

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• Warranty service affecting health or safety shall be completed within 72 hours of receipt of written notice.

• Warranty service shall be performed on site and a written work order describing labor performed and parts used shall be completed and signed by the service agent and the owner. If the owner’s signature cannot be obtained, the reason shall be described on the work order. Work orders shall be retained by the dealer or manufacturer for a period of three years.

• Before delivery of possession of the home to the purchaser, the dealer or his/her agent, and the purchaser or his/her agent, shall conduct an inspection which shall include a test of all systems of the home to insure proper operation. At this time the dealer must complete all documents required by state and federal agencies to be supplied by the manufacturer with the home which have not previously been provided. The dealer shall complete any required purchaser information card and forward the card to the manufacturer.

Miscellaneous Dealer RCW 46.70.011 Any dealer who sells new or used motorcycles and/or any vehicles other than motor vehicles, manufactured (mobile) homes, and travel trailers. Misrepresentation RCW 46.70.180 WAC 308-66-152 It is unlawful to misrepresent the terms of the sale or financing of a vehicle. The above referenced statute and WAC list acts or practices that are unlawful. It is important that dealers familiarize themselves with the advertising rules and these statutes. Motor Home Dealer (See Motor Vehicle Dealer) RCW 46.70.011 Motorcycle Dealers (Miscellaneous Dealer) RCW 46.70.011 Motorcycle utility trailer dealers are each classified as a miscellaneous dealer. Manufacturer Statement of Origin (MSO) This is the certificate of ownership (title) provided by the manufacturer when the vehicle is built. New Vehicles RCW 46.70.041 RCW 46.70.101 A Washington dealer cannot sell new vehicles with warranties attached in the state of Washington unless the dealer has a service agreement with the manufacturer of the new vehicle. A new vehicle is a vehicle which has not been sold to its first retail purchaser. The title is an MSO. Non-Resident Vehicle Sales WAC 458-20-177

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This rule requires that an affidavit of out-of-state delivery be completed on all out-of-state sales of motor vehicles, campers, and trailers to non-residents of Washington. The enforcement of this section is with the Department of revenue. However, dealers should be aware that if they fail to have this document in their possession, they could be subject to paying the sales tax for the unit. Odometer Law RCW 46.37.540 RCW 46.37.550 RCW 46.37.560 These laws outline the specific offenses relating to odometers. Dealers are required to obtain odometer statements on vehicles which are less than 10 years old. Out of State Sales The dealer must:

a. complete and retain a copy of the out of state residency form b. obtain and retain a copy of identification from the buyer showing the out of state

residence c. provide the consumer with a 3 day trip permit and retain a copy of that permit in the

dealer records Payoffs to Lien Holders WAC 308-66-195 If there is a lienholder on any vehicle acquired by the dealer, the dealer shall obtain possession of the title by paying off any balance due to the lienholder no later than the close of the second business day following the date of acquisition of the vehicle by the dealer. Penalty for violation of the dealer regulations RCW 46.70.101 Any dealer or manufacturer who commits a violation of any of the provisions of RCW 46.70 may have his/her license suspended or revoked or in lieu thereof, or in addition thereto, may be assessed a penalty of up to $1,000 per violation. Possession of Title RCW 46.70.124 WAC 308-66-195 Certificate of ownership or other evidence of ownership approved by the Department of Licensing must be in the possession of a dealer on all used cars in his/her inventory. Prior Vehicle Owner Information RCW 46.70.180(6) The selling (retail) dealer needs to disclose prior owner information when asked by a prospective customer. Real Estate Licenses and Manufactured (Mobile) Home Sales RCW 46.70.011 A real estate broker licensed pursuant to RCW 18.85 is exempt from being licensed under RCW 46.70 if the sale of a used manufactured (mobile) home is in conjunction with the purchase, sale, exchange, rental or lease of the land upon which the used manufactured home is located. Note: A vehicle dealer license, with service agreement, is required for the sale of new manufactured (mobile) homes. Rebuilt Vehicle RCW 46.37 RCW 46.70.180 RCW 46.70.101 WAC 308-56A-460

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Prior to the sale of the vehicle and placing it back on the roadway, it must be inspected by the Washington State Patrol, and a title must be issued. If a dealer sells a vehicle with the knowledge that it has “REBUILT” on the title or has been declared totaled by an insurance carrier and then rebuilt, the dealer must clearly disclose that fact in writing on the purchase order. The brand REBUILT must be disclosed in any advertisement. WAC 308-66-152 (4)(h) Recertification Inspection of the Established Place of Business RCW 46.70.023 RCW 46.70.083 WAC 308-66-110 (3) The dealer’s established place of business shall be regularly certified by a representative of the department. The certification will verify compliance with the requirements for an established place of business. Record of Transactions RCW 46.70.120 WAC 308-66-180 Dealers are required to maintain records of the purchase and sale of vehicles for a period of five years. They also require dealer records to be available for inspection by Department of Licensing representatives. Dealers need to read and become familiar with this section. Repossessions RCW 62A.9A The conditions under which repossession may occur must be disclosed on the contract negotiated by and signed by the purchaser and the dealer. Enforcement of the section is with the Office of the Attorney General, Consumer Protection Division. AG Consumer Protection Safety Issues See Brakes, Tires or Windshields Sales to Native Americans The purchaser is required to:

• submit the form to the tribal elder to complete and return to the dealer. The dealer is required to:

• submit this documentation, along with the title transfer application documents, to the department, and

• deliver the vehicle to the reservation and retain the signed document by the person who picked up the vehicle.

Sales to Persons in the Military The dealer is required to have the purchaser submit the form to their employer to complete and return to the dealer. The dealer must submit this documentation along with the title transfer application documents. Salvage – (See Rebuilt Vehicles)

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A salvage title is not a valid Washington certificate of ownership. Service Agreements with Manufacturers of Distributors – (See New Vehicles) RCW 46.70.041 RCW 46.70.101 Solvency RCW 46.70.101 In order to maintain a dealer or manufacturer license, a dealer or manufacturer must be solvent. For the purpose of this law, solvency means that a dealer or manufacturer meets his/her obligations as they mature and his/her assets exceed his/her liabilities. Subagencies RCW 46.70.011 RCW 46.70.023 WAC 308-66-140 A subagency is a place, other than the principal location, where the dealer does business. The subagency must comply with all the requirements of an established place of business, and there must be a separate bond on file with the department for each location. All other locations and names, other than the principal location, shall be designated and licensed as subagencies of that dealership. There are no restrictions regarding the number of subagencies a dealer may have. A motor vehicle dealer that is unable to locate the used vehicle sales facilities adjacent to or at the established place of business does not need to obtain and hold a subagency license if the vehicle sales lot is:

• Contained within the same city block • Directly across the street • Within sight

Additionally, the location must be properly zoned, and the dealer bond must cover the sales lot. If the sales lot is within sight of the principal place of business, no sign is required. Temporary Subagencies RCW 46.70.011 RCW 46.70.023 WAC 308-66-140 A temporary subagency license must be issued when a dealer is going to conduct business at a location other than the principal place of business or licensed subagency, such as a car show or shopping center promotion. The temporary subagency license is issued for a period not to exceed 10 days. No more than 6 temporary subagency licenses may be issued to a licensee in any 12 month period. Auctioneers are exempt from this requirement. The temporary subagency location shall meet all local zoning and land use regulatory ordinances. Application for the temporary subagency needs to be filed with DOL at least 3 weeks prior to the event. The dealer must obtain bond coverage for the location which shall also be filed with the Department in Olympia. The subagency license certificate shall be posted at the location. No other requirements of an established place of business apply to a temporary subagency. Temporary subagency permits are NOT to be used to test a market area for the potential of setting up a permanent subagency.

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Tires RCW 46.37.420 RCW 46.37.423 RCW 46.37.424 RCW 46.37.425 No person shall sell, offer for sale, or display any vehicle in this state if the tire has:

• Any ply or cord exposed • Any bump, bulge or knot • Any break repaired with a boot • A tread depth of less than 2/32 of an inch measure in any two major tread grooves at 3

locations, equally spaced around the circumference of the tire. Please note this statute applies to all vehicle sales. Title Transfer RCW 46.70.122 WAC 308-66-190 WAC 308-56A-420 A dealer is required to transfer title within 45 days of sale (date of delivery) if the vehicle either has a current registration or is delivered on a dealer temporary permit. A dealer may issue a second temporary permit on a vehicle only if the following conditions occur:

• The lienholder fails to deliver the vehicle title to the dealer within the required time period.

• The dealer has satisfied the lien, and • The dealer has proof that payment of the lien was made within two calendar days –

exclusive of Saturdays, Sundays or legal holidays – after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied.

Dealers should read and familiarize themselves with the title application section of this manual. The obligation of a dealer to transfer title to a purchaser is the single most important function performed by a licensed vehicle dealer. If you have questions concerning title applications, contact the County Auditor’s Office, your license agent, or your Dealer Services investigator. Trade-Ins, Selling Price, Sales Tax Measures WAC 458-20-247 The amount of sales tax due is computed by subtracting the trade-in value from the sale price of the vehicle. The common meaning of qualifying trade-ins is “like kind”. This regulation is administered by the Department of Revenue. Travel Trailer Dealers RCW 46.70.011 Trip Permits (See Non-Resident Vehicle Sales) RCW 46.16A.160 Permits may be purchased at any of the county auditors’ or vehicle licensing subagent offices. The permits are used on vehicles that are not licensed in this state. Permits will be used on

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vehicles being delivered to a resident of another state. Any foreign license plates are to be removed, unless the vehicle is going to be licensed in that state. Permits can also be used when inventory vehicles are demonstrated and dealer plates are not available for use. A dealer needs to retain a copy of the trip permit when used to deliver to an out of state buyer. Trust Account (Deposits) RCW 46.70.180 A dealer must set up a separate trust account for deposits taken prior to delivery of a vehicle. It must be designated at the bank as a trust account. To commingle this money with assets of the dealer, salesperson, or manufactured (mobile) home manufacturer, instead of holding this money as a trustee in a separate trust account until the purchaser has taken delivery of the vehicle, is a violation of this statute. A motor vehicle dealer may keep a separate trust account which equals customary total customer deposits for vehicles for future delivery. The trust account must meet the following conditions:

• It must be designated as a trust account • Any fees charged to the dealer for setting up or maintaining this trust account must be

paid by the dealer and are considered to be a cost of doing business. • Trust accounts must be set up at a financial institution located and doing business in the

state of Washington. • A new manufactured (mobile) home dealer must have and use a trust account when in

receipt of funds advanced from a purchaser before ordering a home. These funds must remain in a trust account until the dealer completes the sale, set up, and walk through inspection, or within 15 days following the transport of the home to the site. Loan proceeds or money paid on an installment contract need not be deposited in trust.

Used Vehicles RCW 46.04.660 WAC 308-66-110 A used vehicle is one which has been titled into the name of a retail purchaser (final consumer), also known as pre-owned. New vehicles remain “new” regardless of the number of transfers of interest in the vehicle prior to the purchase of the vehicle at retail. An automobile does not become a “used” car simply because several potential buyers have driven it for the purpose of demonstration. Used Vehicle Asking Price RCW 46.70.125 Any dealer who sells used vehicles is required to either display in writing on the vehicle or disclose in writing upon request the asking price of the vehicle offered for sale at that time. Vehicle Emissions

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Certain areas within the state require that an emissions test be done prior to titling or licensing a vehicle. Dealers, even though they are exempt, should be familiar with the requirements in their area. Purchase orders in emissions areas must have a disclosure statement on used vehicles no longer under the manufacturer’s warranty indicating that an owner of a vehicle may be required to spend up to $150 for repairs if the vehicle does not meet the vehicle emissions standards. The disclosure reference is administered by the Department of Ecology. Vehicle Equipment Standards RCW 46.37 RCW 46.70.101 It is illegal to drive or move any vehicle which is in an unsafe condition. A vehicle must comply with standards set by the state of Washington or the federal government pertaining to the construction or safety of a vehicle. Vehicle Inspection RCW 46.32 RCW 46.12 Vehicle inspections are required for insurance destroyed and rebuilt vehicles, and for other circumstances provided for in law. Also, see Rebuilds definition. Waivers RCW 46.70.025 WAC 308-66-145 The Director may waive the established place of business requirements if the waiver serves the purposes of the law and is necessary due to unique circumstances. Warranties Reference Manufactured Homes, used car buyer’s guides, and state and federal regulations Wholesale Vehicle Dealers RCW 46.70.011 RCW 46.70.023 This section of the statute creates a specific type of vehicle dealer and limits the dealer’s business activity to buying and selling other than at retail. Specific requirements concerning the business location are covered in the above referenced statutes. Windshields RCW 46.37.410 RCW 46.70.101 All motor vehicles operated on the public highways of this state shall be equipped with a front windshield. The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield. If a windshield is damaged in such a way as to obstruct the driver’s clear view of the highway, the vehicle cannot be sold.

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SECTION 3

Vehicle Titling What’s in this section? This section gives instructions on filling out the forms used for vehicle certificate of ownership (title) applications and dealer temporary permits. It also contains information on proof of ownership, signatures, sales tax, and odometer disclosure. However, it is to your advantage to develop a strong working relationship with your local auditor, agent or subagent. They will be very valuable in assisting you with certificate of ownership (title) work. Complete all applications carefully. It is critical that the information and supporting documentation you provide is accurate. You are supplying information that will cause DOL to issue a certificate of ownership (title) to a vehicle. A Vehicle Certificate of Ownership (Title) Application can be found in the Search for a form field online at Forms Vehicle Certificate of Ownership (Title) Application WAC 308-56A-010 WAC 308-56A-020 RCW 46.12.530 Plate or TPO Enter the vehicle’s license plate, decal, or Title Purpose Only (TPO) number: (A TPO number is used in lieu of a license plate number when a vehicle is titled but not licensed). Color #1, Color #2 In space “color # 1”, enter the primary color of the vehicle. In space “color 2”, enter the secondary color of the vehicle, if applicable. For a vehicle with more than two colors, you may enter “multi-colored” (option U). If the color has changed since the vehicle was last titled, please indicate the current color on the application. CODE

• ALU = Aluminum • BGE = Beige • BLK = Black • BLU – Blue

• DBL = Blue, Dark • LBL = blue, Light • BRZ = Bronze • BRO = Brown

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• BUR = Burgundy • COM = Chrome • CPR = Copper • CRM = Cream • GLD = Gold • GRY = Gray • GRN = Green • DGR = Green, Dark • LGR = Green, Light • IVR = Ivory • LAV = Lavender • MAR = Maroon

• MUL = Multi Colored • ONG = Orange • PNK = Pink • PLE = Purple • RED = Red • SIL = Silver • STL = Stainless Steel • TAN – Tan • TRQ = Turquoise • WHI = White • YEL = Yellow

Vehicle Identification Number (VIN) This information is required on the title application. A vehicle’s VIN is the most reliable piece of information that we can use to locate the vehicle record and history. Enter the vehicle identification number (VIN) or serial number exactly as it appears on the supporting documents. It is the obligation of the dealer to inspect the vehicle and verify the VIN as presented on the document(s). NOTE: No physical Washington State Patrol (WSP) inspection is required for used vehicles coming in from out of state. The VIN is checked against NCIC for a stolen report at the time of application. If the vehicle is a rebuilt salvage that has not been re-titled, or is coming in from out of state on a salvage certificate, a physical WSP inspection is required. An inspection fee is due at the time of application. The VIN on the application and on the inspection form must be the same. If the supporting documents contain an error, a WSP inspection will be required. When a vehicle has no VIN, WSP will assign or reassign one. A fee will be charged. NOTE: Mobile homes or manufactured homes may be single, double or triple wide units. A double-wide mobile home has a “B” character designator and a triple-wide third unit has a “C” character designator. Since only one certificate of ownership is issued, enter the VIN minus the “A”, “B”, “C”, etc. (The characters designating the units may not always be ABC, but could be other sequential letters, e.g. XYZ, FG, etc.). NOTE: The WSP will NOT inspect or assign a VIN to a mobile or manufactured home. Model Year Enter the model year as a four-digit number. Model is determined by:

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• Manufacturer’s Statement of Origin (MSO/MCO) • Factory invoice • Foreign certificate of ownership or registration • Washington State Patrol inspection (when required)

The following vehicles require a WSP inspection prior to applying for the initial certificate of ownership (title):

Assembled The model year is determined by the WSP. Homemade Vehicles The model year is determined by the WSP

Kit Vehicles Model year is what is shown on the MCO/MSO for the kit. The model year cannot be earlier than the year the kit was manufactured. If the kit’s model year is unknown or unavailable, the vehicle must be inspected by the WSP to determine the model year. Street Rods The year the vehicle was first manufactured. A WSP inspection is required to determine whether or not the vehicle qualifies for the Street Rod brand. New vehicles RCW 46.12.030 Use the model year on the MSO/MCO or similar documents provided by the manufacturer.

Power RCW 82.38.075 Enter the single letter code for the type of fuel that powers the vehicle. Leave the space blank for non-powered vehicle. The single letter codes and their meanings are:

G = Gas D = Diesel B = Butane S = Steam Y = Hybrid (see note**)

P = Propane N = Natural Gas E = Electric O = Other (such as alcohol)

If a vehicle is powered by more than one type of fuel (i.e. gas and an LPG fuel), the LPG fuel must be shown as the fuel type. The fees calculated include a propane fee based on the vehicle’s scale weight, and propane handling fee. Note – To qualify for the hybrid power code, the vehicle must be powered by both electricity and gas and get at least 50 miles per gallon, in the city, as determined by the Environmental Protection Agency (EPA). The customer must provide documentation from the EPA or the manufacturer as proof that the vehicle qualifies. Attach the documentation to the application for title.

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Use Class The “use class” is a two or three letter abbreviation that describes how the vehicle is used. A list of use class abbreviations can be found in this training material. Choose from the following list (this information will appear on the registration, but not the title):

CAB Taxicab C/G Converter Gear (converter gears are titled, but not licensed) CMB Truck with declared gross weight of 42,000 pounds or more that tows a trailer,

or trailers being towed by a truck with CMB use class CMP Camper COM Commercial vehicle (single unit or towing a trailer) with a declared gross weight

up to 40,000 pounds. Or, a single unit vehicle (does not tow a trailer) with declared gross weight up to 105,000 pounds. Commercial trailer.

CYC Motorcycle EXC County exempt EXD City exempt EXX Motorcycle exempt EXE State exempt FAR Farm FED Federally owned or leased (passenger plates) FTR Federally owned or leased (truck plates) FTL Federally owned or leased (trailer plates) FCB Farm vehicle with a declared gross weight of 42,000 pounds or more that tows a

trailer FCY Federally owned or leased (motorcycle plates) FMT Federally owned or leased (motorcycle trailer plates) FEX Farm exempt (not licensed for road use) FIX Fixed load truck F/H Fore hire vehicles H/C Horseless carriage (a restricted – use collector’s vehicle that is 40 years old or

older) H/D House moving dolly LOG Powered and non-powered vehicles used exclusively for hauling lots MET Medium speed electric truck MEP Medium speed electric passenger MH Motor home MOB Mobile home / manufactured home NEP Neighborhood Electric Truck NEV Neighborhood Electric Vehicle (passenger) ORV Off road vehicle PAS Passenger vehicle PED Moped RES Restored vehicle/collector vehicle (a restricted-use collector’s vehicle over 30

years old). This use class is used for collector’s vehicles displaying collector vehicle plates or

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restored license plates. SCH Private school SNO Snowmobile SNX Exempt Snowmobile STA Stage TLR Private-use trailers TOW Tow Truck TRK Personal use truck up to 12,000 pounds declared gross weight TVL Travel Trailers

Make Enter the abbreviations or the full names of the vehicle manufacturer. It is abbreviated on the title and can only be up to 5 letters. Abbreviations are listed in the Motor Vehicle Excise Tax MSRP Schedule. Use the first five letters if unable to find abbreviations. Enter “HM” when the vehicle is homemade. Kit vehicles designed to look like older vehicles are called “replicas”. The make for replica vehicle is always “KITV”, regardless of the kit’s manufacturer. Using “KITV” as the make ensures the notation “REPLICA” appears on the title and registration as part of the series/body. In addition, the series/body for replica vehicles must describe what the vehicle looks like (for example, 57 MG, 65 Cobra, etc.). Enter KITV for kit vehicles that are replica vehicles, regardless of the make shown on the MCO or MSO. For Kit vehicles that are NOT replicas, the make is as shown on the MCO/MSO or as determined by a WSP inspection (dune buggy, roadster, etc.). Enter the make as shown on the MCO or MSO for KIT vehicles that are NOT replicas, or enter the make determined by a WSP inspection (dune buggy, roadster, etc.) For street rods, the make is the same as the originally manufactured vehicle (Chevy, Ford, etc.). NOTE: Street rod is not a make but a comment on the vehicle record. WSP is required to determine the correct VIN and whether the vehicle qualifies for the Street Rod brand. Series/Body Type This is an abbreviation for the model ad body style of the vehicle. For passenger vehicles, it is the first 2 or 3 letters of the model name plus a two-letter body style. The two-letter body style abbreviations are:

2D 2-door sedan 2T 2-door hardtop CP coupe 4D 4-door sedan 4T 4-door hardtop

CV convertible HB hatchback SW station wagon PU pickup

3D 3-door hatchback 5D 5-door hatchback

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Enter the letter/number code established for each specific model of vehicle. When the series and body is not listed in the schedule, call a licensing agent or subagent. The series and body indicates body style, number of doors, and the unique features of the vehicle. The following circumstances affect the series and body abbreviation:

Assembled vehicle: Include “ASM” at the end of the series and body type. (i.e. an assembled pickup would show the series/body as PUASM) Cabulance: Enter “CABULANC” as the series and body type. Glider kit: Include “GL” at the end of the series and body type when a glider kit is added to a truck. WAC 308-56A-450 Kit vehicle (replicas): Must describe what the vehicle looks like, e.g. Bradley GT, 57 M, etc. Kit Vehicle (not replicas): Must list what is shown on the MCO/MSO or describe what the vehicle looks like, e.g. Gazelle, dune buggy, roadster, etc. RCW 46.04.251 RCW 46.12.695 Moped: Enter “MOPED” for the series and body. Street Rods: Must describe what the vehicle looks like, e.g., coupe, sedan, roadster, etc. RCW 46.12.711 RCW 46.16A.445 WAC 308-56A-150 WAC 308-56A-160 Wheelchair Conveyance: Enter “WHLCHRC” for the series and body.

Model ID This field is automatically populated when the transaction is completed at your local licensing office. Value Code/Yr The value code is the same as the Manufacturer’s Suggested Retail Price (MSRP). The year the vehicle is first sold retail is the value year. The value code and value year remain the same throughout the life of most vehicles. Only commercial trucks and mobile homes require the latest purchase price and year to update the record. The purchase price and purchase year is recorded on the Washington title under “comments/brands” but is not identified. For example: 42577 2003.

MSRP Base Manufacturer’s Suggested Retail Price. For trucks with a scale weight over 6,000 lbs and trailers use the original purchase year as the MSRP value. If the original year of purchase is not known, assume it is the model year.

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If the MSRP is not available, it may be obtained by visiting one of the following websites: • Kelly Blue Book www.kbb.com • Edmunds.com www.edmunds.com • NADA nada.com www.nada.com

NOTE: Purchase year may not exceed model year.

Cycle Engine or Motor Home Number Enter the motorcycle engine number or motor home body (coach number).

Motorcycles Motorcycles have a separate number for the engine than the Vehicle Identification Number (VIN) stamped on the frame. If the motorcycle has a separate engine number, enter it. Motor Homes Motor homes sometimes have a separate VIN for the coach (body) and the chassis (frame). If so, provide both numbers when titling a motor home for the first time in Washington.

Fleet Code The fleet code identifies a fleet, which is a group of 5 or more vehicles titled in the exact same name. All fleet vehicle registrations expire on December 31. If a customer has at least 5 vehicles they renew annually and would like to put them in a fleet, they may apply for a fleet code with the department. If they have a fleet and are adding a vehicle, enter their fleet code (2 or 3 letters or numbers). This information will appear on the registration, but not the title. Equipment Number (#) Any customer can request to have an equipment number put on the vehicle title and registration. But fleet owners and rental car companies use it most often to help them identify their vehicles, especially if they have several of the same year, make, model and color. NOTE: The restored license plate on a collector’s vehicle is also entered into the equipment number field. This information will appear on the registration, but not the title. Months of Registration This identifies the months of registration the customer is purchasing. Passenger vehicles and personal use trucks are normally registered for a year at a time so you are not required to fill in this information. Registration must be 12 months unless the vehicle is part of a fleet. Registration Expiration Date This is the date the registration expires. You may obtain this information from the vehicle registration certificate however, it is not required. Registration = validating tabs.

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Expiration Dates The expiration date is one year from the date the vehicle is delivered. NOTE: New vehicles delivered with plate and registration or those with expired licenses – expiration date is date of application when submitted on a Vehicle Title Application (TD-420-001). For a vehicle that is currently registered: Same as on record. Enter “0000” if the Use Class is:

• farm exempt (FEX) • horseless carriage (H/C), or • Restored (RES, or exempt (EX)

Enter “PERM” if the plates are DAV, POW, MOH, or if vehicle is part of a permanent fleet. If the vehicle is titled without a license, then it is a Title Purpose Only (TPO). Scale Weight RCW 46.16.070 This is the empty weight of the vehicle. Scale weight is required on the following use classes:

• CAB • CMB • COM • CYC • EX • FAR • FCB • FED • FIX • F/H • LOG • PAS • STA • TLR • TOW • TRK

Scale weight is also required on vehicles powered by propane, butane or natural gas. If the scale weight is not available, the vehicle may have to be weighed and the scale weight slip submitted with the application. Or you may obtain the scale weight from one of the following sources:

• Manufacturer’s State / Certificate of Origin (MSO/MCO) • Dealer’s declaration of factory shipping weight – completed vehicles only • Previous certificate of ownership or registration

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• Weight slip (obtained at most fuel yards or other businesses that have public scales) • The NADA or Kelly Blue Book – use a Certificate of fact form to indicate when you used

one of these sources. Seats Only vehicles licensed as For Hire (F/H) or Stage (STA), (such as limousine or bus) must identify the number of seats. Declared Gross Weight Gross weight license is required on motor vehicles licensed with the following use classes:

• CMB • COM • FAR • FCB • FIX • F/H (more than 6 seats) • LOG • STA (more than 6 seats) • TRK

Gross weight license is sold in 2,000 pound increments, starting at 4,000 pounds. Declared gross weight cannot be less than the vehicle’s scale weight or more than the vehicle maximum legal limit. If the vehicle’s scale weight is 6,001 pounds or more, the declared gross weight must be 150% of the scale weight. It is up to the vehicle owner to determine the declared gross weight. Enter the declared gross weight (for GWT purchased for year). When using a dealer temporary permit, be sure to enter enough gross weight to cover the load the vehicle may carry during the permit period. Gross weight cannot be increased or additional gross weight purchased until the application for certificate of ownership is processed. Note: Several manufacturers of sport utility vehicles (such as a Ford Explorer) are adding beds to their standard models (as an option), which can carry a load. These vehicles are required to be licensed as a truck and are subject to gross weight. Personal use pickup trucks purchase gross weight by the year. Month Gross Weight Enter the number of months of gross weight license desired. Vehicle owners declaring 4,000 to 12,000 pounds gross weight must buy twelve months gross weight license.

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Owners declaring 14,000 pounds or more have the option of buying their gross weight license by the month. When buying less than 12 months gross weight, a monthly gross weight license fee applies. Remember, you must enter a minimum of two months when vehicle is on a department temporary and gross weight is 14,000 or more. Gross Weight Expiration Enter month and year gross weight expires. (Gross weight expiration date corresponds to the day of the registration expiration.) Mileage Code An odometer statement is required on all original, transfer, and lease buy out applications, for vehicles less than 10 years old. Enter the mileage from the odometer disclosure statement followed by the appropriate code. Odometer Code What it means When it’s used

A Actual mileage Used when the mileage of the vehicle and the odometer reading are the same

N Not actual mileage Used when the mileage is different than the odometer (the odometer does not indicate the actual mileage of the vehicle). This code cannot be changed by any transaction (or until the vehicle is no longer subject to odometer disclosure, when the odometer code appears as “E”).

X Exceeds mechanical limits

Used when the actual mileage of the vehicle exceeds the limits of the odometer (the odometer has “rolled over”). This code cannot be changed by any transaction (or until the vehicle is no longer subject to odometer disclosure, when the odometer code appears as “E”).

E Exempt odometer requirements

Used for vehicles 10 or more years old, and non-powered vehicles.

P Prorated vehicle Used when the vehicle will be prorated (licensed under IRP).

G Gross weight Used for vehicles with a declared gross weight over 16,000 pounds (18,000 pounds or more).

A seller (transferor) cannot authorize or give power of attorney to the selling dealer or buyer (transferee) for the purpose of odometer disclosure. Likewise a buyer cannot authorize or give power of attorney to the selling dealer or seller for the purpose of odometer disclosure.

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Previous Title Number and State (previous state) The title number and the state located on the title if the vehicle is from out-of-state. Special Options

DAV Disabled American Veterans get one free vehicle registration per year. Choose this option if your customer wants to transfer their free license plate to this vehicle. NRM Non-resident military are exempt from excise tax. The customer must complete and submit an Affidavit for Exemption of Excise Tax Non-resident form, TD-420-044. Native American A tribal member of a Washington tribe living in Indian Country is exempt from excise tax. The tribal member must complete and submit the Vehicle/Vessel Excise Tax Exemption Affidavit for Enrolled Tribal Member Living in Indian Country form, TD-420-023. The vehicle must be delivered on the reservation. JTWROS This means if two or more people own a vehicle in joint tenancy with rights of survivorship, and one of the owners dies, ownership goes to the surviving owner(s). The department will issue a certificate of ownership in the name of the surviving owner(s) upon application supported by a copy of the death certificate. If the application for certificate of ownership has a check box with the abbreviation, JTWROS next to it, Joint Tenants with Rights of Survivorships must be spelled out on a separate line between the last registered owners name and the first address line. This must be done even if the box with the abbreviation of JTWROS next to it is checked. Leased Leased vehicle and vessel title applications must be completed with “LSE” (lessee) after the registered owner’s name and “LSR” (lessor) after the lessor’s name. The lessee must appear as the registered owner; the lessor must appear as the legal owner. If a separate legal owner will appear on the title, both the lessee/s and the lessor/s must appear in the registered owner section, and both must sign the title application. Bonded If a dealer or individual cannot obtain an ownership document for a vehicle, they may purchase a bond and get what is referred to as a bonded title. The bond must be for one and a half times the value of the vehicle. A Washington State Patrol inspection is also required. If, after 3 years no ownership claims are made, the registered owner can apply for a clear title.

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Registration Only If an individual cannot obtain an ownership document for a vehicle and does not need a title, they can follow the registration only procedures. After 3 years, if no ownership claims are made, the owner can apply for a clear title. To ensure a loan, a title must be obtained so this would not be an option for a lender – a bonded title would be appropriate. No Title Issued An out of state lien holder is holding an out of state title or the owner is registering a vehicle in Washington and another state. Non Roadworthy The term used to describe a vehicle that is not eligible for road use. It indicates that the vehicle was manufactured for off-road use.

County of Residence WAC 308-56A-040 Enter the county where the registered owner resides.

• Adams (01) • Asotin (02) • Benton (03) • Chelan (04) • Clallam (05) • Clark (06) • Columbia (07) • Cowlitz (08) • Douglas (09) • Ferry (10) • Franklin (11) • Garfield (12) • Grant (13)

• Grays Harbor (14) • Island (15) • Jefferson (16) • King (17) • Kitsap (18) • Kittitas (19) • Klickitat (20) • Lewis (21) • Lincoln (22) • Mason (23) • Okanogan (24) • Pacific (25) • Pend Oreille (26)

• Pierce (27) • San Juan (28) • Skagit (29) • Skamania (30) • Snohomish (31) • Spokane (32) • Stevens (33) • Thurston (34) • Wahkiakum (35) • Walla Walla (36) • Whatcom (37) • Whitman (38) • Yakima (39)

Purchase Price The selling price of a vehicle before the dealer (seller) deducts for trade-in value or rebate, or adds sales / use tax. Use:

• original sale price for vehicles without the MSO / MCO • latest sale price for trucks with scale weight over 6,000 pounds • latest sale price for commercial trailers with use classes of CMB, COM, CG or LOG • the latest sale price on all manufactured homes.

Tax Jurisdiction Is a four digit jurisdiction code of the customer’s residence (or business if being titled in a business name). DOR link

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Tax Rate Tax rate is for a specific jurisdiction. DOR link Use Tax Exemptions Five use tax exemptions are listed on the title application.

• Private Use. Vehicle used by the owner in another state (while bona fide resident of that state) at least 90 days before entering Washington. Customer must provide proof, such as a copy of their title or registration.

• Gift. Donor previously paid Washington sales/use tax. The donor must provide a statement of gift to the recipient. Gifted vehicles carry the comment “GIFT” on the title and registration. (Note: If the recipient will be taking over payments or refinancing the balance owed on the gifted vehicle, use tax is due on the fair market value.)

• Inheritance. Will require supporting documents based upon how the deceased’s estate is handled.

• Transfer to spouse. Must be verified by the person certifying the title application. Verification can be done with the customer’s ID or marriage certificate.

• Sale to an Indian in Indian Country. Form REV 32 2502e Retail Sales/Use Tax Exemption Certificate for Vehicles sold to Enrolled Tribal Member must be completed and submitted with the application. Attach a notarized statement.

Registered Owner’s Names Two registered owners can be recorded on one title application – one owner per line. If there are more than two registered owners, complete an additional application and indicate that the application is 1 of 2.

• Individuals – enter the last name first, the first name and middle initial • Businesses – enter the name of the business as it appears on the license • When more than one person is shown on the certificate of ownership application as

registered owners, they are owners in common. Washington does not use words “and” or “or”.

NOTE: Driver license number and expiration date is required on the title application. Registered Owner’s Address WAC 308-56A-030 requires specific address information. For “natural persons” enter the actual Washington state residence street address. Business with multiple locations in Washington may use the street address where the vehicle is garaged. Owners may provide an additional (optional) mailing address. If there is more than one owner and they don’t share the same address, they need to decide whose address will be used. Only one persons’ address may be recorded. Mailing Address There is a line for an optional mailing address or an exception address.

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City, State, Zip Code All three pieces of information are required to complete the address. Dealer Report of Sale If a Washington dealer sells the vehicle, all portions of the dealer report of sale must be completed and signed by the dealer. Signature Area Each registered owner must sign the application for title on an original, transfer application, or when adding a lien holder when there isn’t one on the current title. The registered owner is not required to sign a title application when a lien is being released or when the lien holder is changing and the current title has a lien holder. If the registered owner is a business rather than an individual, they need to sign the name of the business, followed by their signature and their position with the business. The application for title must be:

• signed by the purchaser(s) of the vehicle or by a properly executed power of attorney. • properly notarized or certified by employees authorized by the dealership, provided that

the vehicle/vessel is being sold by that dealership. The employee’s signature must be followed by their printed name, their title and dealer number. Notarization Area All registered owners signatures must be notarized or witnessed by a vehicle license agent. If sold by a dealer the selling dealer must witness the signature. If witnessed by a license agent, the signature must include their county, agent and operator numbers. If witnessed by a Washington dealer, the signature must include their dealer name, title and number. Fees See the link in Section 4 of this booklet for applicable fees to complete this section. Basic License Fee Enter the license fee charged when the vehicle is registered (licensed). If you have questions, contact any vehicle licensing office. Vehicle Weight Fee The vehicle weight fee is charged on renewals of motor vehicles subject to the license tab fee, and is based on the vehicle’s scale weight. The vehicle must be powered (a motor vehicle) and be one of the following use classes:

• CAB • CYC

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• F/H (6 seats or less) • PAS • STA (6 seats or less), or • TOW

See section 4 for a link to the license fee chart (vehicle weight fee table). The amount of license fees depends on the use class. If license fees are due when issuing a horseless carriage, collector, or restored plate, be sure to include the vehicle weight fee if the vehicle would normally be licensed with one of the use classes listed above. Total Fee and Tax Total the amounts shown in all the fee boxes. Collect that amount and remit to an agent or subagent with proper paperwork within the required time frame. DEALER TEMPORARY PERMITS / E-PERMITTING What is it? A dealer temporary permit is a combination of an application for certificate of ownership and a temporary registration. The format is the same as the certificate of ownership application. The last copy of the permit must be placed in the lower left corner of the vehicle’s rear window. It must be visible from the outside. If the vehicle is a trailer or motorcycle, the permit may be carried in the vehicle, on the person of the rider, or covered in plastic and displayed in the license plate holder of the vehicle. The permit authorizes your customer to operate the vehicle up to 45 days from the date of sale and/or date of delivery pending receipt of the current plates and/or tabs and registration. The information that the dealer enters on the E-Permitting system is the exact same information that they enter on the Vehicle Certificate of Ownership (Title) Application. The only difference is that the form is called Vehicle Dealer Temporary Permit Certificate of Fact for Address Verification (TD-420-015) with the E-Permit number printed at the top right hand corner of the form, and it prints out 4 pages. A dealer temporary permit may only be issued for vehicles which do not have a current Washington registration. This includes vehicles:

• with expired tabs • without plates • from out of state • that must have gross weight and the gross weight license has expired or has been

retained by the previous owner

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The permit cannot be: • issued for a dealer or dealer employee operated vehicle • issued for demonstration purposes • used or replaced if mutilated • issued for a courtesy delivery • used for daily rental vehicles while waiting for MSO/MCO • used for vehicles obtained by a dealer acting as a buyer’s agent

Where Can They Be Purchased? Dealers can purchase E-Permits at any vehicle licensing office. But instead of a stack of permits, you will get a receipt for your purchase and an automatic credit to your online E-Permitting account will allow you to issue the number of E-Permits purchased through the online system. Dealers can still purchase hard copies of dealer temporary permits, but you must be signed up for the E-Permitting system. Dealers can only use the hard copy permits as backup if the E-Permitting system is down or if you are selling vehicles away from your dealer location at an event without internet connection. If a hard copy permit is issued, the hard copy permit number must be entered into the E-Permitting system to validate the use of the permit. Entering the permit number into the E-Permitting system is mandatory, and allows law enforcement to access data about the vehicle and registered owner during traffic stops or other similar situations. PROOF OF OWNERSHIP Acceptable Proof of Ownership Proof of ownership is documentation that names the owner(s) of a vehicle. A clear chain of ownership documentation must be shown to obtain a Washington State Certificate of Ownership (title). A bill of sale (BOS) may be used for several purposes depending on the circumstances. A bill of sale should include:

• date of sale • names of seller)s) and buyer(s) • complete description of the vehicle (i.e., make, model, year, VIN and license number),

and • the agreed upon selling price

When a notarized Bill of Sale (BOS) is not required A bill of sale accompanies a properly released certificate of ownership, or notarized/certificate of release of interest. A BOS is not a required supporting document. However, the date of sale on a bill of sale may be used in lieu of the date on the certificate of ownership. If the vehicle is

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from a jurisdiction that does not title (only registered) that particular type of vehicle, a bill of sale is required, but does not need to be notarized.

• Insurance company bill of sale or settlement document: Dealer must repair, obtain a Washington State Patrol inspection and obtain a Washington State Certificate of Ownership (title) in the dealership name before any retail sale.

• Wrecker bill of sale (BOS): Dealer must repair, obtain a Washington State Patrol inspection and obtain a Washington State Certificate of Ownership (title) in the dealership name before any retail sale.

A notarized BOS is required (seller’s signature) when:

• a certificate of ownership (title) is not available. Canadian vehicles The new vehicle information statement from Canada is not an acceptable document without the factory invoice and proper releases. Used vehicles from Canada must have the previously issued Registration Certificate. If new owners are shown on the Washington certificate of application, a release of interest is required from the owners on the Canadian registration. Do not require verification or releases of interest from Canadian lien holders, unless they are shown on registration documents and their intent is to release. If the verification or the releases of the previous ownership documents cannot be obtained, follow ownership in doubt procedures. Foreign Vehicles Many foreign vehicles manufactured for use in foreign countries do not meet the U.S. Department of Transportation and U.S. Environmental Protection Agency requirements. Because of this, those vehicles cannot be operated legally in the United States without substantial modifications. New Vehicles Acceptable ownership documents are:

• Manufacturer’s Statement / Certificate of Origin (MSO/MCO), or • Certificate of Fact stating why MSO/MCO is not available, and • A Photocopy of the Factory Invoice is only acceptable if the MSO/MCO is not available

and would cause undue delay in the titling of the vehicle. (This is not appropriate if a flooring company is holding the MSO/MCO). A release of interest is required from any flooring agent showing on the factory invoice.

If the vehicle was not imported through a U.S. distributor, US Customs documents are required if the MSO/MCO is on a vehicle from a foreign country (whether or not sold by a Washington dealer).

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Used Vehicles Acceptable ownership documents include:

• A certificate of ownership (title) • An abandoned vehicle report (AVR) • Canadian registration

Documents that can be used as a Bill of Sale (BOS) can be obtained from:

• Government • Insurance (insurance destroyed vehicle). A dealer must title in the dealership name

after repaired and obtain an inspection from the WSP prior to offering for sale • Notarized / Certified Affidavit of Loss / Release of Interest / Affidavit In Lieu of Title

(Washington Certificates of Ownership (titles) only) • Registrations from non-title states • Registrations from foreign countries • Salvage certificate • Seized vehicle (federal, state, city or county) • Sheriff • Valid title from any other state • Washington certificate of ownership (title) • Wrecker - A dealer must title in the dealership name after repaired and obtain

inspection from WSP prior to offering for sale

SIGNATURE REQUIREMENTS Registered / Legal Owner Signing On All registered owner(s), lessee(s) and lessor (if there is a lienholder) signatures are required to be notarized/certified whenever processing the following transactions:

• Original • Transfer • Adding a lienholder when there previously was none (lienholders signatures are not

required on an application) • Adding joint tenants with rights of survivorship – JTWROS

Your customer should sign their name the way it appears on their driver’s license or picture I.D. Write the customer’s Washington driver’s license number (PIC) and expiration date on the application for Certificate of Ownership (title) or dealer temporary permit. Business should use their Unified Business Identifier (UBI) account name when filling out registered and/or legal owner name during a title transaction.

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Exempt or non-profit organizations may be exempt from UBI requirements, use an “E”. Signing Off When releasing interest in a vehicle, signatures are required from all registered, lessors and legal owners, along with the date. Registered Owners Signatures releasing interest on Certificates of Ownership (titles) do not need to be notarized / certified. Legal Owners Signatures releasing interest on Certificates of Ownership (titles) do not need to be notarized / certified. This also applies to out-of-state titles, even if another state requires a notarized / certified signature. Signatures of lienholders releasing interest do not need to be notarized / certified if accompanied by the Certificate of Ownership. This also applies to foreign titles, even if that state requires a notarized / certified signature on the foreign title. What does the signature need to contain? The following will help you determine if the signature on the document is complete and acceptable:

Client Signature must match the name as it appears on the application or record. If initials are used, they must coincide with the name on the application or certificate of ownership/title/record. Client Organization WAC 308-56A-270 This is the name of the organization or commonly accepted abbreviation. And the name of the person, followed by their title of office (the relationship to the client organization). Signing on behalf of another When an individual has been “appointed” to sign on behalf of another (registered or legal owner), one of the following is required as a supporting document:

• Power of attorney • Court appointed representative • Court appointed guardian • Court appointed executor / executrix (or administrator)

The above signatures must be notarized / certified on all documents (except when releasing interest on Certificate of Ownership (title).

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Who is authorized to notarize / certify signatures? WAC 308-56A-275

• Notary public, county auditor and appointed licensing employees (must follow signature with office and operator number).

• Agents authorized by DOL • Authorized DOL employees • Employees authorized by a licensed dealer, provided that the vehicle/vessel is being

sold by that dealership. The employee’s signature must be followed by their printed name, title and dealer number.

Acceptable I.D. for verification Verify the identity of the person signing. A driver’s license or other picture I.D. is acceptable. If either is not available, you may accept any 2 of the following:

• Nationally or regionally known signed credit cards • Voter’s registration card • Passport, or • Social security card

The customer should use their name as it appears on their driver’s license or picture I.D. on the application of Certificate of Ownership (title). Errors made on Certificates of Ownership (titles)

• Altered signatures – the person who made the error must submit a notarized / certified certificate of fact with an explanation. WAC 308-56A-215

• New registered owner information filled out, sale fell through – require a notarized / certified certificate of fact from the owner of record indicating that the sale fell through. WAC 308-56A-215

• Legal owner signs off certificate of ownership (title), signs back on the legal owner line in error – The person who made the error must submit a notarized / certified certificate of fact with an explanation and a new release of interest. WAC 308-56A-215

• Name appears in new legal owner section on certificate of ownership (title) – Unless this is a legal owner who signed off and back on again in error, a notarized / certified release of interest from the person named must be submitted if their intent is not to be recorded as the new legal owner.

Errors made on Certificate of Ownership (title) and Certificate of Ownership (title) applications Any application for certificate of ownership (title) containing an error must be accompanied by a certificate of fact with an explanation from the person who made the error. The only exception is if a lienholder is listed in error, where there should not be one. Attach a notarized / certified release of interest from the lienholder. WAC 308-56A-215

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If a lienholder is placed on an application and is changed before the Certificate of Ownership (title) is processed, the person making the change must attach a notarized / certified certificate of fact explaining the change. WAC 308-56A-215 DO NOT erase any information on a Certificate of Ownership (title). This will void the document. Instead of making the owner of record apply for a new Certificate of Ownership (title) before selling the vehicle, require a notarized / certified Certificate of Fact explaining the error from the owner of record. Corporation or Company Name Lessee / Lessor Signature requirements for dba to sign-on WAC 308-56A-250 J.Q. Public, dba Public Works, President. Name, company name and title of person signing is the minimal requirement. Verify signature and identification. Signatures must be notarized and certified. Signature requirements for dba to sign-off J.Q. Public, dba Public Works, President. Include the company name, name, and title of person signing off. The name along is acceptable. Lessee / Lessor with Legal Owner WAC 308-56A-265 A release is not required from the registered owners when, a notarized Repossession Affidavit from legal owner of record is attached. The legal owner still must release interest. The Certificate of Ownership (title) is signed off by trustee.

To sign-on The company name, representative’s name and title are needed. To sign-off WAC 308-56A-265 The company name, representative’s name and title are preferred. But, name alone is acceptable.

Sales Tax Sales tax is due on the purchase of any vehicle through a Washington dealer, including mobile homes. The dealer must:

• Collect sales tax • Remit taxes directly to the Department of Revenue • Complete the Dealer’s report of sale space • Sign the application

Sales to Non-Residents Sales tax is not required to be collected if the vehicle is sold to an out of state resident and is being titled and registered out of state. Records including verification of non-residency must be retained by the dealer.

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Manufactured Home Sales Tax A selling dealer or agent will collect and must remit sales tax to the Department of Revenue for title transfers of manufactured homes. Washington Dealer Sales The dealer’s Report of Sale must be completed when a Washington dealer sells a vehicle or a mobile home. The report of sale shows the dealer collected sales tax. The dealer must submit the taxes directly to DOR. Native American Native Americans may be sales tax exempt. Attach the following documentation:

• Notarized affidavit by the dealer that delivery was made in Indian Country, and • Properly completed and signed Washington State Retail Sales / Use Tax Exemption

Certificate for vehicles sold to enrolled tribal member form for sales tax exemption. Refer Native Americans requesting refunds of sales tax to the Department of Revenue. REV 32 2502e (8-03-01) Driver Safety Education Vehicles – Use Tax Exemption Vehicles used for Driver Safety Education must have the TSE – 17 form to exempt the sales / use tax. The form is available to all Washington school districts from the Superintendent of Public Instruction (SPI). Military Owned – Washington Non Home of Record A nonresident military (NRM) person who is a bona fide resident of another state at the time they were called to active duty. NRM personnel stationed in Washington who purchase vehicles from Washington dealers and register them in their home of record are not exempt sales tax. Trade-in Reduction of Sales Tax Vehicle owners may receive a deduction of the value of a trade-in for a “like-kind” purchase when determining the purchase price for the purpose of assessing sales tax. “Like-kind” trade-ins for titling and licensing functions are defined by DOL as:

Category A, Motor Vehicles - Cars, trucks, trucks with canopies, motorcycles, motorhomes, mopeds, ORVs and wheelchair conveyances. Category B, Trailers – Boat trailers, utility trailers, animal trailers, commercial trailers, and all other trailers except travel trailers and ten / camp trailers. Category C, Recreational Land Vehicles – Travel trailers, campers, tent / camp trailers and motorhomes. Category D, Boats Category E, Snowmobiles Category F, Personal Property Mobile Homes, Travel Trailers, Motorhomes, Tent / Camp Trailers and Campers RCW 82.08.010

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Both items must be the same category for the trade-in allowance to apply. Some vehicles may be in more than one category, such as motorhomes.

Example 1: A car for a truck, or a motorhome for a travel trailer. It cannot be a car for a boat, or a utility trailer for a snowmobile. Example 2: Because a motorhome is in both category A and C, a pickup truck (category A) with a camper (category C) will receive full credit when traded on a motorhome and vice versa. A rideshare vehicle may be sales tax exempt. The vehicle must be a passenger vehicle or van, and be in one of the three categories listed:

Rideshare Vehicle Commuter trip reduction ridesharing for 5 or 6 persons requires a:

• Rideshare Plate Application form, name and signature of employer / public transportation official, and

• Rideshare Rider List form, listing the names, addresses and signatures of the riders. Commuter ridesharing for 7 to 15 persons requires a:

• Rideshare Plate Application form, and • Rideshare Rider List form, listing the names, addresses and signatures of the riders.

Ridesharing for persons with special transportation needs requires a:

• Rideshare Plate Application form, and • Copy of the operating certificate issued by the Utilities and Transportation Commission.

Rideshare Excise Tax Exemption To receive an excise tax exemption vans must have a seating capacity of 15 or less, or must be used regularly as a ride-sharing vehicle by:

• 7 or more persons including driver, or • 5 or more persons including driver, if at least 3 are confined to wheelchairs when riding

Rideshare Sales Tax Exemption To receive a sales tax exemption, the vehicle must be a van that:

• Has seating capacity of 5 to 7 • Is used regularly as a ride-sharing vehicle • Must qualify for excise tax exemption as listed above for 36 consecutive months

beginning within 39 days of the application Rideshare Vehicles w/o Rideshare Plates Vehicles without rideshare plates won’t receive Rideshare tax exemptions. Rideshare Plates – Transfer to New Vehicle Application for rideshare plates must be made prior to title application.

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Keeping the Exemptions Existing rideshare plates can be transferred to a new vehicle if a new application is submitted for approval. Contact any license agent for further instruction as needed. ODOMETER DISCLOSURE STATEMENTS Require odometer disclosure statements with all originals and transfers of ownership for vehicles under 10 years old (unless exempt). Determination of age is based upon the model year of the vehicle. Below are definitions for secure and non-secure Certificate of Ownership (titles):

Secure Certificates of Ownership (titles) All Certificates of Ownership (titles) issued 1/1/990 and later that contain the federal odometer language. Non-secure Certificates of Ownership (titles) All Certificates of Ownership (titles) issued before 1/1/90 regardless if it contains federal odometer language. The following situations do not require an odometer disclosure statement:

• Vehicles with a gross weight of over 16,000 pounds, and at least one month of gross weight license is purchased,

• Vehicles that are 10 years old and older, at the time of sale Dealers titling a new vehicle in their dealership name must submit an odometer disclosure statement. Odometer Disclosure Secure An odometer disclosure can only be made on the secure Certificates of Ownership titles or on a secure odometer disclosure document approved by the issuing state. Certificates of Ownership (titles) Odometer Disclosure The secure Certificate of Ownership (title) must have a complete chain of odometer disclosure statements. Non-secure Certificates of Ownership (titles)

Odometer Disclosure – ALL The odometer disclosure can be made on the Certificate of Ownership (title) or on a secure odometer disclosure statement. There are no limits on the number of odometer disclosure statements that can be attached to the unsecured Certificate of Ownership (title). However, the last odometer disclosure is required.

Do not confuse how many odometer disclosure statements are required with the number of dealer to dealer reassignments which may be required. A clear chain of ownership is always required.

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Odometer Disclosure – Interim Owners The following applies to all vehicles affected by odometer disclosure requirements:

The Odometer Disclosure / Title Extension form may be used. Always use the mileage code from the current odometer disclosure statement. Do not use a mileage code from any other supporting document, Certificate of Ownership (title) or DOL record, including a WSP inspection form. Out of state and foreign titled vehicles follow the same procedures. Interim owners who are not required to title, (dealers, salvage pools, auction, etc.) must keep a copy of the odometer statement. The odometer statement must be completed and signed by the person from whom they acquired the vehicle, and signed by the seller. Both disclosures must be kept for 5 years. Only the last seller’s odometer statement is required to be presented for titling when the Certificate of Ownership (title) is unsecured (applies to Certificates of Ownership (titles) issued prior to January 1, 1990). If a secure Certificate of Ownership (title) is involved, all sellers’ odometer disclosures must be made on the back of the Certificate of Ownership or on any state’s issued / approved secure odometer statement. A carbon copy of the state issued approved form is acceptable if designated as the customer’s copy. NOTE: Registered tow truck companies and auctions are not required to disclose unless they are selling the vehicle under a dealer license.

Odometer Disclosure Leased Vehicle At the end of a lease or when the vehicle is sold, the lessor is required to notify the lessee in writing requiring the lessee to provide a written disclosure to the lessor. The lessee completes the odometer disclosure statement and mails it to the lessor who keeps it for 5 years. The lessee will then make the odometer disclosure as the seller unless the lessor has possession of the vehicle for resale purposes. For new vehicles, the dealer discloses mileage as seller, and the lessee acknowledges as buyer. Odometer Disclosure Error RCW 46.12.665 WAC 308-56A-640 If the odometer reading printed on the secure certificates of ownership (title) is in error, contact a vehicle licensing agency to determine who made the error. The Department will determine if the error can be corrected. If so, a new Certificate of Ownership (title) application will have to be sent into the Department to correct the error with the applicable documentation. Odometer Disclosure – Involuntary Divestiture If the interest of an owner in a vehicle passes to another, other than by voluntary transfer, the seller, although not the owner of record, must complete an odometer disclosure statement as transferor, and the buyer must acknowledge as transferee (Odometer disclosure from the seller

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to the buyer IS DUE according to the federal law) pursuant to RCW 46.12.665 & WAC 308-56A-640 Disclosure – Power of Attorney A Power of Attorney (POA) may be used to appoint someone other than the seller to disclose the odometer reading. There are two types of acceptable POA’s:

1. Power of Attorney / Release of Interest: Can be used for odometer disclosure for either secure or non-secure Certificates of Ownership (titles).

2. General Power of Attorney: Can be used for odometer disclosure for either secure or non-secure certificates of ownership (titles)(s). Obtain a notarized / certified copy to attach to the title transactions.

POAs cannot be used to disclose the odometer for both the buyer and the seller. To purchase a supply of the Odometer Disclosure / Title Extension Statement forms, dealers may contact the:

• Washington State Automobile Dealers Association (WSADA) at (206) 433-6300 • Washington State Independent Automobile Dealers Association (WSIADA) at (206) 431-

8111

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SECTION 4

Forms

Washington Laws & Rules Vehicle Title & Registration Fees

Visit this link for forms and: Vehicle & Boat Registration

• License plates • Titles • Fees • Buying or selling a vehicle • Vehicle licensing offices

Business & Professional Licenses

• Vehicle & vessel dealers • Vehicle manufacturers • Vehicle transport & disposal

Washington Laws & Rules for Vehicle and Vessel Dealers

Title & Registration Fees

Have questions? Please contact your local licensing office at: https://fortress.wa.gov/dol/dolprod/vehoffices/